Town of Barnes
Town of Barnes, WI

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Home > Town Digital Library > Town Board Meeting Minutes > 2011 Town Board Meeting Minutes > Regular Town Board Meeting - October 18, 2011

Regular Town Board Meeting - October 18, 2011

MINUTES OF THE

TOWN OF BARNES

REGULAR BOARD MEETING

OCTOBER 18, 2011

 

Chairperson Lu Peet called the Regular Board Meeting to order at 6:30PM.  The Pledge of Allegiance to the Flag was recited.  A Roll Call was taken to establish a quorum and verification of public notice was asked of Clerk-Treasurer Brustad by Peet. Brustad verified the agenda had been posted as required.

 

Roll call taken:  all present. 

 

Peet called for a motion to approve the October agenda, approve the minutes of the last regular board meeting and a motion to dispense with reading of the minutes.

 

Motion (Porter/Meinke) to approve the agenda, the minutes of the last Regular Town Board meeting and to dispense with the reading of those minutes.  Motion carried.  The agenda is as follows:

AGENDA

Call the Regular Town Board meeting to order at 6:30PM

Pledge Allegiance to the Flag

Roll Call to establish a quorum/Verification of Public Notice

Motion to approve the October Agenda, approve the minutes of the Last Regular Board meeting and a motion to dispense with reading of the minutes.

Voucher’s Approval

Treasurer’s Report

Clerk Correspondence            

Discussion on letter received from Bayfield County Administrator regarding Norvado’s proposal for increased cellular coverage within the County

Public Comment Session – 3 Minute limit for those not on the agenda     

Department Head Reports:

              Highway                         

Discussion and possible approval for Highway Order to discontinue a portion of Cranberry Lake Road         

              Cemetery

              Fire and Ambulance Department

              Constable

Committee Reports   

              Eurasian Water Milfoil committee                 

Land Use Planning Commission

Zoning:

1)      Application for Special Use Permit submitted by Jeanne Riese, 51140 Lake Road in Barnes for a home-based business permit for interior decorating/artisan products and services, retail sales, photography, art classes and related activities.

2)      Conditional Use Application submitted by Plum Creek Timberlands for continued operation of a sand and gravel pit and stone quarry, wash and size stone and hot mix and asphalt plant operation on State Highway 27 in Barnes.

Citizen’s Request for Action:

1)       David O’Shaughnessy addressing  Smart Road discontinuance

Discussion on Policy change for handling Citizen’s Request for Action

Issues Timeline Update          

Adjourn

 

Voucher’s Approval

Motion (Porter/McGee) to approve the voucher’s as presented.  Motion carried.

 

Treasurer’s Report

General Fund

           

Checking Balance from last meeting

   

$25,060.37

 

Receipts

       

$15,719.51

 

Direct Tax Payments, Ck #'s 396-397

   

($5,189.03)

 

Check #'s 26419-26519

     

($73,195.87)

 

Transfer from Money Market Account

   

$50,000.00

 

Service Charge September

   

($14.15)

 

Interest Earned September

   

$4.49

0.15%

Checking Acct.

BALANCE

   

$12,385.32

 
             

Money Market

           

Money Market Gen'l Fund Balance from Last Meeting

$152,435.33

 

Check # 1189 Transfer to Gen'l Fund

   

($50,000.00)

 

Deposit

       

$185,384.48

 

Transfer from other MM accts

   

$17,671.00

 

Interest earned September

YTD Interest $788.53

$68.27

0.17%

 

Sub-Total Money Market Gen'l Funds

 

$305,559.08

 

Highway Dept. Sinking Fund

Trans for Auger purchase  -$3745

$26,327.92

 

BES Sinking Fund

     

$40,464.05

 

Park Savings

       

$11,718.06

 

Ski Trail Savings

     

$1,032.47

 

Building Maintenance & Repair Fund

Trans Boiler-8070, -5856 paving

$95,932.54

 

Bridges Maintenance Fund

   

$12,000.00

 

Waterways Maintenance Fund

   

$10,000.00

 

ACT 102 Fund

 

Cks 1187, 1188 -$2144.94

$1,296.67

 

Total all Money Market Funds

   

$504,330.79

 
             
   

Hayward Community Credit Union

   

Savings

 

Interest

0.77

September

$3,748.01

0.25%

           

 

18 Month CD

 

Interest

47.45

September

$52,813.99

1.099%

18 Month CD

 

Interest

262.19

September

$156,940.25

2.055%

18 month CD

 

Interest

177.61

September

$106,312.72

2.055%

18 month CD

 

Interest

106.95

September

$100,824.37

1.300%

35 month CD

 

Interest

160.24

September

$101,015.85

1.951%

     

YTD Interest $6,537.48

 

 

Total H. C. Credit Union

   

$521,655.19

 
             

TOTAL All Accounts:

     

$1,038,371.30

 

 

Motion (Webb/Meinke) to approve the Treasurer’s report as read.  Motion carried.

Clerk Correspondence

Brustad received 2 Notices to Cut; one in sections 18 and 19, Township 44 North, Range 9 west on property owned by Timothy Duerst, and one in section 19, Township 44 North, range 9 West on property owned by Bruce Piburn.  There was no other correspondence other than the letter below.

             

Discussion on letter received from Bayfield County Administrator regarding Norvado’s proposal for increased cellular coverage within the County

Brustad read the letter from Mark Abeles-Allison, Bayfield County Administrator to the members of the board and audience.  There will be a meeting on November 8th at 6:00PM at the Drummond Town Hall.  Chris Webb said she would be attending this meeting.

 

Public Comment Session – 3 Minute limit for those not on the agenda

Patti Joswick talked about the treating of Tomahawk Lake for the second time with 2-4D.  She handed out a pamphlet to the board members on the toxic effects of the herbicide.  She wanted to know when we were going to stop poisoning our lakes.

Kyle Torvinen, who is representing David O’Shaughnessy talked about Smart road and said he had signed affidavits from everyone on the road except Marvin Harsvick wanting the road vacated.

             

Department Head Reports:

 

Highway

Our major project this month was the graveling of 43 Road.  We ended up with 90 loads for a total of 1,931 tons of the ½ inch gravel.  It covered about 1.25 miles of road.  The majority of the hauling was covered by the County Road Aid grant program.

I attended the Town Road Improvement Program (TRIP) meeting held by the county.  I will be applying to this program for funds to pave Lyndale Bay road.  If we are awarded the grant, we could receive up to 50% of the paving cost.

I met with Jan Victorson to finalize our application for the July 1st storm funding.  We could be reimbursed up to $3,577 of our expenses.

We completed the tree removal on South Call O Wild which completes our obligations to the property owners.  We need to finalize some paperwork with the DNR to complete the discontinuance.

We have been doing extensive grading of the roads in preparation for winter and will continue for a couple more weeks.  We have mowed the sides of the majority of roads and have done extensive brush mowing on several roads.  We will continue brush mowing until the snow gets too deep.

We have a number of turn arounds to construct yet this year.  We hope to have most of them done by the end of the month.

It sounds like the county will be here in early November to install the culverts on Mulligan Creek and Tars Pond roads. 

We will be putting up our salt sand starting the first week of November.  We will fill the shed and stock pile the remainder in front of our building next to the highway.  It is my intention to have over 1,300 tons available this winter.  The records indicate the most the town has used in the past is 750 tons, so we will be well prepared.

The lines are painted on the new parking lot.  Most everyone has adapted well to the one way traffic.  We will have to change over the water supply to the town garage if this is to continue through the winter.

 

Discussion and possible approval for Highway Order to discontinue a portion of Cranberry Lake Road        

The board had discussed this several times with audience members.

Motion (Webb/Porter) to approve the Highway Order to discontinue a portion of Cranberry Lake Road.  Roll call vote taken:  all responded yes.  Motion carried.

 

Cemetery

Dave Schiess reported he sold 1 lot and had 1 full burial this past month.

 

Fire and Ambulance Department

On 10-22-11 The Barnes Emergency Services along with Arch Heating and Cooling and Cedar Lodge will be sponsoring the haunted ride on Saturday night 10-22-11 for children of all ages.

Since the last Town board meeting the ambulance has had 5 calls:  

2 - Transport to Hayward

1 – Deceased

1 – Barnes Fire Stand-by

1 - False Fire Alarm

The Ambulance Department staff is starting their refresher course and will be meeting every Monday night and a couple of Saturdays until completed.

All Radios are completed for Narrow band

igHH

 

There have been 2 Fire Calls:

1 – Gas Leak on Martin Road Propane Tank rolled Down Hill

1 – False Alarm Cancelled

The proposed amendment to the Town of Highland was presented and discussed on Tuesday 10-11-11 at their Town Board meeting.  I have included a letter I received from the Town of Highland Chair. 

A Time line of events regarding the Highland Fire Protection Agreement:

10-03-11 Amendment was sent to Highland Chair.

10-10-11 Received email from Highland Chair indicating she met with their Fire Department at Fire Department meeting on Tue 11-04-11.  The Fire Department along with her was going to recommend changes to agreement to the Town Board at their meeting on 10-11-11 for approval of their changes.

10-14-11 I received an email from Highland Chair letter provided to you.

10-14-11 I requested of Highland Chair list of changes that they would request so I can review them with the Town board at the Town Board meeting.  As of 10-17-11 10:00am, I have not heard back from the Town of Highland.

  1.  This agreement was being supplied to them at no additional charge.  If we start talking to Attorneys it will cost us money which I think then we add that charge in.
  2. She wants to get together and sit down and discuss the issue.  When this was presented to her by Ron Stone and asked for meeting to approve it.  She told Ron that it could wait until their regular board meeting because it would cost more money to have another meeting.   Now she wants us to come to their Town Board meeting which would be an extra meeting to us at our cost as we will have to pay stipend and post and advertise meeting.  This for an agreement we really are getting nothing out of other than providing a service to our neighbors.
  3. There is some misunderstanding about mutual aid vs. first response.  The purpose of this agreement was to supply First response Fire protection to that area which means we are agreeing to tie up our First line of equipment on that Fire at no extra cost to the Town of Highland.  This agreement only benefits the Town of Highland in that they get First response Fire protection to that area quicker at no additional cost.  First response means the Douglas County Communications Center upon receiving a call that requires Fire Department response to this area will call the Bayfield County Communications Center and have Barnes Fire Department paged to respond to this area and they will not wait until requested to call it is automatic. 

There is a misunderstanding that Mutual aid will cover it anyways.  This is where the misunderstanding is.  Mutual aid means we come and assist you at your fire.  We will not set up our first line of attack equipment to fight the fire we are there to assist that Department.

My recommendation to the Town at this time is that if this agreement is going to cost us anymore than what we agreed to already we deny the agreement.  Right now the way it stands if they were to except the agreement the way it was presented we will have to pay more in Workers Comp and Liability insurance as we will be taking on 18 more square miles for First response Fire Protection at no additional cost to the Town of Highland.  

 

Constable

Constable O’Keefe reported he had 2 excessive noise complaints in the Pine Chip Road area; 1 check welfare of an elderly resident; 1 assist stranded boater on the Middle Eau Claire, hit a rock which damaged the prop; 2 animal complaints in the Red Oak Road area, checked property for 3 out of town residents

 

 

Committee Reports   

 

Eurasian Water Milfoil committee

Carol Rausch and Jon Harkness presented a check from the Property Owners Association to the Town which was donations collected for the Clean Boats Clean Waters project.  Ingemar Ekstrom said they had been working on a manual to be given to each of the shoreland monitors.  Their committee discussed the treatment of Tomahawk Lake, which was approximately 4 acres treated near the swimming beach.  He hopes by spring to give us more information on the treatment of Sandbar, George Lake and Tomahawk lake.  The next meeting will be the third Monday in February.  The committee voted on accepting Steve Krivinchuk as a new member for the committee.

             

Land Use Planning Commission

Dave Pease spoke on the Plan Commission meeting.  They addressed two items.  The Special Use Permit application by Jeanne Riese was voted on as approved.  Home based businesses are encouraged by the Comprehensive Land Use Plan.  They did have one condition on their approval; they requested that the Special Use Permit be limited to Ms. Riese only, and to revisit the issue if there is a parking problem.

The Conditional Use Permit application by Plum Creek was also addressed.  There is no need to extend approval of the Hot Mix Asphalt plant as it will be addresses separately by the Board of Adjustment.  The Commission did recommend approval of the sand and gravel pit and quarry for up to 5 years.

Zoning

  1. Application for Special Use Permit submitted by Jeanne Riese, 51140 Lake Road in Barnes for a home-based business permit for interior decorating/artisan products and services, retail sales, photography, art classes and related activities.

Motion (Porter/Meinke) to approve the Special Use Permit Application for a home based business at 51140 Lake Road with the stipulation that the permit will stay only with the owner and be pulled if she sells the property.  The permit will be reviewed annually for any negative impact of the area. Roll call vote taken and all responded yes.  Motion carried.   Applicant will make sure customers will use the driveway that is exclusive to the studio only.

 

  1. Conditional Use Application submitted by Plum Creek Timberlands for continued operation of a sand and gravel pit and stone quarry, wash and size stone and hot mix and asphalt plant operation on State Highway 27 in Barnes.

Motion (Meinke/McGee) to approve the Conditional Use Permit for the sand and gravel pit and stone quarry only.  The hot mix and asphalt plant operation has been struck from this request. 

Motion (Porter/McGee) to open the floor to discussion.  Motion carried.

 

Several people from the floor spoke in opposition to the gravel pit operation.  Jon Humberg from Mathy Construction spoke on the positive impact the gravel pit has had for the town, and the savings in transportation expense for the town.  Bob Lang, Barnes Town Roads Foreman also said the savings to our budget was significant.  Chairperson Lu Peet asked for the motion to be amended to impose time restrictions on the operations to 6:30AM to 6:30PM on Mondays through Fridays.  It was asked of the board to consider writing a letter to the Board of Adjustment asking them to deny the Hot Mix Asphalt operation permit.  The Board felt a letter to the Board of Adjustment requesting them to review the zoning limitations for the hot mix asphalt plant being in an F-2 zoning district.  They were also asked to request the Board of Adjustment look for other alternatives for placement of the plant since there was public opposition to this plant so close to the lakes and higher percentage of residents.

Motion (Porter/McGee) to close the floor to discussion.  Motion carried.    

Motion also carried on the motion on the floor to approve the Conditional Use Permit.

 

Motion (Webb/Porter) to write a letter to the Board of Adjustment regarding the Hot Mix Asphalt Plant requesting they review their zoning limitations for placement of the plant in an F-2 Zoning district.  The Board wanted to request that due to public opposition of the plant they look for possible alternatives for the placement of the plant in another area.  Roll call vote taken and all responded yes.  Motion carried.

 

Citizen’s Request for Action:

1)       David O’Shaughnessy addressing  Smart Road discontinuance

Chair Lu Peet read the letter from Mr. O’Shaughnessy.  Mr. O’Shaughnessy detailed his observance of events leading to the Town’s decision not to discontinue Smart Road.  He stated he assumed the Town would go ahead with the discontinuance, which is what he apparently wanted. 

 

Motion (Porter/McGee) to open the floor to discussion. Motion carried.  

Dave O’Shaughnessy along with his attorney and other residents of Smart Road spoke on the matter.  O’Shaughnessy still believes Smart Road is not a town road and contends he maintains the road, not the town crew.  Other residents of the road stated they have seen the town maintain the road regularly.  Bob Lang also stated he personally has been on the road plowing and grading.  The town board will meet with O’Shaughnessy and the residents at the site for further discussions and other possible alternatives.  After statements from O’Shaughnessy’s attorney it was felt the town should further investigate with their attorney, John Carlson and the other property owners on how the town should proceed. 

Motion (Porter/McGee) to close the floor to discussion.  Motion carried.

 

Motion (Peet/McGee) to table this item until the next meeting to further investigate with the town’s attorney, John Carlson and property owners on the road.  Motion carried.

 

Discussion on Policy change for handling Citizen’s Request for Action

The board quickly went over items on the policy that should be changed.  Clerk-Treasurer Brustad will re-do the policy and have it ready for approval at the next meeting in November.

 

Issues Timeline Update          

Town Owned Land – property needing to be cut will be done next year

Town Hall Maintenance Plan – Bob spoke with Greg Martinson and he is willing to correct the problem next spring if this fix doesn’t work.

Boat Landings – DNR has approved the grant for 41.5% of project

Town Roads – Highway order to Cranberry Lake Road has been issued; we will send information to Jane Malischke on what she asked for

Town Policy – Citizen’s Request for Service will be approved next month, Need to revamp fireworks ordinance and permit per Tom Renz, and need to do a comp time policy

 

Motion (Webb/Meinke) to adjourn the Regular Town Board meeting of October 18, 2011. Motion carried.  The meeting adjourned at 9:50PM.

 

 

Respectfully Submitted,

 

 

Elaine J. Brustad, Clerk-Treasurer

Dated this 3rd Day of November, 2011

 

 
The notices, agendas, minutes and postings on the Town website are for informational purposes only. They may not be the most current version and therefore are NOT considered the official or legal copy.
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715-795-2782
Mon., Tues., Thurs., Fri. 8:00 AM - Noon
[email protected]
3360 County Highway N, Barnes, WI 54873

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